.CO.DE Domain Registration Policy

Transcription

1 .CO.DE Domain Registration Policy Domain Name Next, established at 2, rue Léon Laval L-3372 Leudelange, Grand Duchy of Luxembourg (the Operator ) is the entity administrating the internet domain names ending with.co.de ( Domain Name or Domain Names ). This Domain Registration Policy (the Registration Policy ) is incorporated by reference into the Registrar Accreditation Agreement (the RAA ) and sets forth the terms and conditions for the registration and use of domain names ending in.co.de. When filing a request to register a Domain Name, the Registrant enters into an agreement with the Operator, the terms and conditions of which are set forth by this Registration Policy. It is the Registrar s responsibility to provide the Registrant with the then applicable Registration Policy prior to filing a request for Domain Name registration. The Registration Policy and all policy documents that apply at any time are available on the Website. The Registrant expressly understands and accepts that the Operator is entitled to delete a Domain Name at its sole discretion in the event that of a breach of the Registration Policy Article 1: Definitions In the Registration Policy, the following words shall have the following meaning: - Domain Name - a string of characters registered as a prefix to the.co.de domain name in order for a server to be reachable on the Internet and which can be used for a variety of purposes including but not limited to web hosting services or . - Accuracy - means that the data provided to the Operator must be true, correct, upto-date, complete and shall allow the Operator or any third party to contact the Registrant. - Administrative Contact - the legal or natural person to which the legal and extrajudicial documents pertaining to the Domain Name are sent. - Billing Contact - the legal or natural person to which the Operator send the bills for its services. -.CO.DE Database - a list comprised of data about all registered Domain Names including the string of characters used, the Registrant, Administrative, Technical, Billing contact data, the Registrar for the Domain Name and the name servers. - Domain Status - various special states a Domain Name may be in, such as suspended or active. More detailed information shall be available on the Site. 1

2 - Local Presence Provider - the individual residing in Germany and acting as authorized representative for all Registrants with regards to the reception of official and court documents for the purposes of 184 of the German Code of Civil Procedure, 132 of the German Code of Criminal Procedure, 56 (3) of the Rules of the Administrative Courts, and 15 of the Administrative Procedures Act and the corresponding provisions of the Administrative Procedures Acts of the respective states of the Federal Republic of Germany. - Name Servers computers that provide specific translation information in the domain name system - Personal Data - any data pertaining to an identifiable natural person (for example, the Registrant name, address or phone number). - Registrant - the legal or natural person for which a Domain Name is registered. - Registrar - an entity who has entered into an agreement with the Operator to act on the Registrant behalf towards the Operator. The up-to-date list of accredited registrars can be found at - Technical Contact - the legal or natural person available to the Operator and the Registrant regarding all technical matters related to the Domain Name. - The Site or the Website the website accessible at Article 2: The Operator service When registering a Domain Name, the Operator shall process the Registrant s orders for Domain Names ( the Service ). Domain Names can only be applied for and registered with the Operator through a Registrar. Provided the Registrant has supplied all the necessary information to the Registrar and fulfilled all and any other relevant obligations, the Registrar shall enter such information directly into the systems of the Operator according to the technical procedures established by the Operator. If the requested Domain Name is still available, the information is complete and the Registrar account is in credit, the Domain Name will be automatically registered for a Term. Article 3: Registrars 3.1 By using the service of a.co.de Registrar, the Registrant is bound by an agreement with the Registrar of their choice, as well as by this Registration Policy. The Registrar can choose its own level of pricing for the Domain Name and is free to provide complementary service. Provisions of article Fees and Payment of this Registration Policy do apply, irrespective of the Registrant s choice of a Registrar. 3.2 In principle, the Operator will not perform any customer support and the Registrant should always contact their Registrar first with any request or question about their Domain 2

3 Name or changes to it. In selected cases, the Operator might act but only if it is satisfied that the applicable Registrar cannot or will not. 3.3 The same Registrar with which the Registrant made the registration shall also administer the domain on behalf of the Registrant thereafter. Any communications that the Registrant sends to the Operator on the basis of this Registration Policy, including a possible notification of revocation of the registration, shall be transmitted through the applicable Registrar. Article 4: Eligibility Criteria, First come, first served and Premium Names 4.1 Registration of a Domain Name is available to any capable individual, or legally recognized entity, from all over the world. In particular, a Domain Name can be validly registered without any specific link with Germany. 4.2 As a general principle, Registration of a Domain Name for which several valid requests are received will be treated on the chronological order of registration (first come, first served) in which they are received by the Operator system. 4.3 The foregoing notwithstanding, some Domain Names may not be available for Registration, either at all times under decision from the Operator ( the Reserved Names ) or to be freed at a later date under specific conditions ( the Premium Names ). Article 5: Domain Names 5.1 Nature A Domain Name is not an item of property and has no owner. It is an entry in the.co.de Database reflected by the Operator s name servers, which the Operator provides in accordance with this Registration Policy. 5.2 Syntax A Domain Name may only be comprised of digits (0 9), hyphens and the letters A Z. A Domain Name can be composed of letters or digits only however it may not either begin or end with a hyphen. Domain Names are not case sensitive. The minimum length of a Domain Name is 2 (two) characters and the maximum length 63 (sixty three) characters excluding the extension. 5.3 Term In principle and subject to the provisions set forth herein, the Term of a registered Domain Name is automatically renewed for consecutive one (1) year periods. The Registrant is entitled to cancel a Domain Name registration by filing a request with their Registrar; the Registrar is the only entity that may file a deletion request with the Operator. It is not 3

4 possible for a Registrant to file a deletion request directly with the Operator. The procedures used by Registrars for the renewal or deletion of the Term of Domain Names may vary. It is therefore the Registrant duty to get informed of their selected registrar applicable procedures. 5.4 Transfer between Registrars It shall be possible for the Registrant to transfer the administration of their Domain Name from one Registrar to another. Such transfer shall be made by the Registrant or their legal representative by submitting an appropriate application to the Operator through the Registrar who administers the Registrant s Domain thereafter. The Registrant shall also inform the Registrar who has administered the Domain heretofore. 5.5 Deletion The Registrant may delete their Domain Name at any time. If a third party makes a request for deletion of a Domain Name, the Registrant confirmation of this request is deemed to constitute their full agreement to the deletion. With deletion, the Domain Name is erased from the.co.de database and the zone file and the Domain Name becomes available for re-registration. 5.6 Revocation by Operator The Operator may decide to revoke the registration of a Domain Name if presented with a court decision, or with a decision from a regulatory authority or if a settlement concluded in or out of court by both parties is presented, according to which the Operator is directly instructed to revoke the Domain Name, without the Operator being a party to the corresponding proceedings, or which contains the Registrant consent to revocation or by which their consent is replaced. The third party must submit a certificate of the enforceability of the decision. The Operator can also revoke the registration of Domain Names if: the Registrant breaches the applicable law; the Registrant breaches this Registration Policy and does cure such breach within the given delay; the fees are not paid in accordance with article Fees and Payment of this Registration Policy; the Registrant breaches the duty to maintain data; there is an evident risk that could make the Operator legally liable due to the registration 4

5 and/or use of the Domain Name; the Registrant has died or has been deleted from the register of commerce; With revocation, the Domain Name is deleted from the.co.de database and the zone file and the Domain Name is made available for re-registration at the time designated in the decision or in the settlement between the parties or, if such a time is not specified, as quickly as possible. Article 6: Obligations of the Operator 6.1 The Operator shall make its best efforts to process the Registrant s application to register or renew a Domain Name in the light of the applicable rules, the technical feasibility of the Registration, the functionality of the Operator at the time, and, inter alia, the rules set in force for the.de Top Level Domain by DENIC ( As such, the Registrant acknowledges and understands that the mere receipt and processing of their application shall not guarantee a successful registration or renewal of their Domain Name. 6.2 The Operator shall maintain overall ownership, control and responsibility for the Database. 6.4 The Operator shall enter the details about the domain name in the.co.de Database. 6.5 The Operator reserves the right to either expand or reduce the scope of its services. If any such service expansion or reduction is realised, the Operator shall notify every Registrar, which will notify the Registrants. Such notification shall be made via the website by posting a notification or by sending an to the Registrars. Article 7: The Registrant obligations The Registrant has various duties set out generally in this Registration Policy in addition of which the Registrant specifically acknowledges and agrees to comply with the following: 7.1 The Registrant agrees that a proper communication on a regular basis between them and the Registrar they elected is essential to the proper use (including passive use) of their Domain Name. Accordingly, the Registrant must properly consult and acknowledge any relevant information transmitted by the Operator through the Registrar or, if necessary by the Operator directly. To this end, and to allow their Registrar to reach the Registrant as well as properly manage their Domain Name or Names, the Registrant agrees that a request for registration of a Domain Name will only be considered complete when, through a Registrar, the Registrant provides the Operator with at least the following data for the Registrant, Administrative Contact, Technical Contact and Billing Contact: 5

6 (i) the full name of the contact; where no name of a legal entity is specified, the individual requesting registration of the Domain Name will be considered the applicable contact; if the name of a legal entity is specified, then the legal entity will be considered the contact; (ii) address and country a. where the registered office, central administration or principal place of business of the Registrant is located or b. where the Registrant resides; (iii) address of each contact (or representative); (iv) the telephone number where the contact (or its representative) can be reached. The Registrant is under the obligation to keep the above information complete and accurate at all times throughout the Term of registration. The Operator is entitled to reject application for Domain Name registration or to delete a Domain Name for which the Registrant has provided incomplete or inaccurate information. The Operator is entitled to request further information from the Registrant both directly or via the Registrant s Registrar. The Registrant must undertake to supply functioning addresses in order to receive possible communications from the Operator. 7.2 The Registrant agrees that all the Operator may send to them will be deemed received and read, immediately upon error-free transmission of such to the address provided by the Registrant. 7.3 The Registrant shall notify the Operator at once about any court or arbitration proceedings that involve their Domain Name 7.4 It shall be the Registrant duty to ensure all the necessary technical conditions for the domain s connectivity, to carry out a WHOIS query immediately after registration to check the data published at and to inform their Registrar immediately of any required corrections to the data as published as well as any subsequent modifications to it. 7.5 If, upon registering a Domain Name, the Registrant abstains from linking such Name to a specific website or web page, the Operator shall be entitled to display a web page whose express purpose is to avoid a situation in which internet users encounter an error 404 message. Such page may, at the Operator s discretion, offer various services such as a search engine and may contain advertising. The Registrant shall be entitled to lodge a written objection to the address indicated at: Article 8: Intellectual property 8.1 The Registrant understands and agrees that the Operator does not and will not at any 6

7 time carry out any verification whatsoever as to whether the registration of the domain or the Registrant use of the Domain Name infringes the rights of others. 8.2 It is the Registrant responsibility to perform all necessary anteriority verifications and diligences to ensure their Registration is not infringing the rights of others. Specifically, the Registrant shall be solely responsible for selecting the Domain Name, and shall bear sole responsibility for any infringements of, among others, personality rights, intellectual property rights, distinctive and pre-existing marks, commercial names, trade names or domain names, or any copyright or industrial property rights. Hence, it shall be the Registrant sole responsibility to conduct any research regarding the antecedents of any distinguishing marks, trade names and the like before performing a registration request, and more generally to ensure that the Domain Name selected does not infringe any third party rights. 8.3 Accordingly, the Registrant agrees to hold the Operator and the Local Presence Provider harmless and to provide them with any assistance they require in mounting a legal defence as well as indemnifying them for any loss or damage incurred by them as the result of any such claim of any cause, lawsuit or action against it that could be linked, directly or otherwise, to such an infringing registration. Article 9: Security The Registrant shall help the Operator with their security checks, provides any identification or documentary evidence the Operator may reasonably ask for, and allows the Operator to keep copies of those documents for their files. Article 10: Representation by third parties and legitimacy 10.1 Third parties, in particular the Administrative Contact, the Billing Contact and the Technical Contact are responsible for being empowered and authorised to act for the Registrant. Otherwise the third party is liable to the Operator for all time and effort, costs, expenses and damages resulting from unauthorised action in accordance under this Registration Policy. The Registrant must accept responsibility for the actions and/or omissions of third parties the Registrant has indicated in their application and considers that the Registrant is liable for their action and behaviour Registrars who use the Operator for Domain Names registration and administration on behalf of their customers under the.co.de Registrar Accreditation Agreement concluded with the Operator are not considered third parties within the meaning of this article, but as contracting partners of the Operator in respect of the relevant Domain Names. 7

8 Article 11: Fees and payment As consideration for the Service provided, the Registrant agrees to pay the Service fees set forth on the website of the Registrar the Registrant has elected at the time of Registration, or, if applicable, upon receipt of the related invoice. The term for the Service shall be for the period of time purchased by the Registrant at the time of registration and allowed under the applicable registration policy for the given name (the Initial Term ). Article 12: Guarantee The Registrant acknowledges that any direct or indirect consequences of their registration and/or use of the Domain Name are their sole responsibility and that the Operator, the Local Presence Provider and their employees shall not be held liable or responsible for such consequences in any manner whatsoever. In particular, the Registrant expressly agrees to hold the Operator and the Local Presence Provider and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless against any third party action or compensation or indemnification claim asserted for any reason whatsoever arising from the content of the Registrant s website, any registration or modification of a Domain Name. Consequently, the Registrant shall assume the cost and expense of any damage or loss incurred by the Operator as the result of any court ruling. Article 13 : Notification and declaration 13.1 Wrongful Registration The Registrant shall refrain from using the Service for any illicit purpose such as the fraudulent appropriation of Names with a view to selling such names to the legitimate owner of a distinguishing mark or the corresponding Name. The Registrant agrees that this type of activity constitute an instance of improper Domain Name registration which violates regulations pertaining to honest business practices and unfair competition. Pursuant to Article 10 of this Registration Policy, the Registrant shall assume sole responsibility for the consequences of any improper activities, which are beyond the Operator control from all standpoints including technical Terms and conditions pertaining to the use of services in the information society In using their Domain Name, the Registrant shall abide by all applicable electronic commerce statutes, including explicitly the regulations therein pertaining to spamming, as well as European Community directives (irrespective of whether they have been transposed into national law) currently in force pertaining to electronic signatures, electronic commerce and protecting data privacy Compliance with laws and regulatory statutes currently in force 8

9 The Registrant shall take all steps necessary to ensure that the Domain Name for which the Registrant has submitted a registration application does not violate any law or regulatory statute currently enforceable in Germany or elsewhere pertaining to public order, public security and public decency. The Registrant shall be solely responsible for any violations of such rules or laws. In addition, the Registrant or any third parties as defined in article 8 herein shall refrain from the use of any false identity and shall not attempt to defraud or deceive other persons through such use. The Registrant shall refrain from sending any containing or suspected of containing viruses such as Trojan horses, worms, time bombs or any other computer program that could damage the computer operating system of any content recipient Blatant abuse Notwithstanding the terms of Article 15.1 herein, the Operator is entitled to quickly suspend any Domain being used in a manner that appears to threaten the stability, integrity or security of the Operator, or any of its Registrars and/or that may put the safety and security of internet users at risk. Such suspension measures may be triggered by a variety of channels, including, among private complaint, public alert, government or enforcement agency outreach. In all cases, the Operator will first alert the applicable Registrar about the identified threats, and will work closely with them to bring offending sites into compliance. Such abuse includes but are not limited to: Phishing: the attempt to acquire personally identifiable information by masquerading as a third party s website. Pharming: the redirection of Internet users to websites other than those the user intends to visit, usually through unauthorized changes to the Hosts file on a victim s computer or DNS records in DNS servers. Malware Spreading: the intentional creation and distribution of "malicious" software designed to infiltrate a computer system without the owner s consent, including, without limitation, computer viruses, worms, key loggers and Trojans. Tempering: the attempt to gain unauthorized access (or exceed the level of authorized access) to a computer, information system, user account or profile, database, or security system. Child Pornography: the storage, publication, display and/or dissemination of pornographic materials depicting individuals under the age of majority in the relevant jurisdiction. The Operator reserves the right, in its sole discretion, to take any administrative and 9

10 operational actions necessary, in order to stop the blatant abuse. Article 14: Personal data 14.1 Operator Database Personal data pertaining to the Registrants applications will be stored in the Operator files and database. The Registrant can exercise their right to access and correct such data by contacting the Operator at the address indicated at the beginning of this Registration Policy. The Operator will store such data for any amount of time necessary to the efficient operation of the service. The Registrant expressly authorizes the Operator, to process their personal data in order to conduct market research and promotional campaigns in connection with the Service. If the Registrant does not wish to receive promotional material from the Operator, the Registrant can stipulate as such by sending an to or by sending a postal letter to the address indicated at WHOIS Service The Operator is bound to provide a public WHOIS look-up facility where, by typing in a Domain Name, information about the registrant, administrative, billing and technical contact administering the Domain Name can be found. When registering a Domain Name, the Registrant expressly accepts the terms of this Registration Policy which authorises the Operator to make some personal data accessible on its website, along with some other technical data, in order to guarantee the transparency of the Domain Name system towards the public. The names and addresses of the Domain Holder as well as the Administrative, Billing and Technical Contacts telephone and fax numbers and addresses are published by Operator in its WHOIS search tool at WHOIS access WHOIS data can be accessed through a purely textual command or by use of a web-based facility. The textual WHOIS look-up facility only contains technical information, which does not specifically relate to the Registrant. In order to prevent misuse of personal data available in the web-based WHOIS look-up facility the Operator may take appropriate measures, such as but not limited to, the use of a captcha system. Article 15: Domain Names Disputes 15.1 No judgment by the Operator 10

11 The Operator does not judge who may have a better right to a Domain Name, either on registration or in use of Domain Names. Nor does the Operator examine the content that is placed on websites Suspended Status The Operator shall place a Suspended Entry on the domain if a third party presents a credible case to show that he/she might have a right to the domain and declares that he/she has taken steps to enforce this right against one or more Registrants. It shall be possible for a domain that has had a Suspended Entry placed on it to continue to be used by its Registrant, but it shall not be possible for it to be transferred to anyone else. Article 16: Limitation of liability 16.1 The Operator shall not be responsible for the inadequacy of any service provided that the Registrant uses to achieve specific aims. Prior to placing an order for the Service, it shall be the Registrant personal responsibility to ensure that such services are adequate for their purposes by reading the description of the Service, which is available from the Website and/or from the Registrar Website. By registering a Domain Name the Registrant accepts the present Registration Policy. Therefore the Registrant acknowledges being sufficiently familiar with the content, context and scope of the Service Under no circumstances the Operator shall be liable for any direct, indirect, special, incidental, consequential or exemplary damages of any kind whatsoever that result from any loss of use, lost data or lost profits arising from or associated with the use or functionality of the Service or arising from the supply or failure to supply the Service. The Registrant is solely responsible for selecting and registering their Domain Name. Article 17: Applicable law and Jurisdiction 17.1 Any order, acceptance or contract arising there from, shall be governed by the laws of Luxembourg Any dispute relating to this Registration Policy or the interpretation or performance thereof that cannot be resolved amicably shall be subject to the sole jurisdiction of the courts of the Luxembourg city. 11